Justices' Maui Ruling Could Change Groundwater Permitting

Law360 (November 15, 2019, 3:39 PM EST) -- The U.S. Supreme Court convened on Nov. 6 to discuss the jurisdiction of the Clean Water Act over groundwater discharging to waters of the United States. Specifically, the court heard oral arguments in County of Maui v. Hawaii Wildlife Fund, concerning the requirement of the county of Maui to obtain a National Pollutant Discharge Elimination System, or NPDES, permit for injection of treated wastewater into groundwater that eventually seeps into the Pacific Ocean.

The county of Maui has argued that an NPDES permit is not required, because the wastewater is not discharged directly into the ocean and the injection wells are...

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